Kêtindêg WHAT S INSIDE?

Transcription

1 Kêtindêg Volume 1 Issue 2 / July 2012 An official publication of IPDEV Project, Empowering Indigenous Peoples in the Autonomous Region in Muslim Mindanao WHAT S INSIDE? Tracing trails, staking signs A call for sobriety Mt. Firis, a sacred ground Learning conflict resolution from other IPs Global presence: IPDEV on the Net Feedback: Key to proper engagement C G I J K L THIS PROJECT IS SUPPORTED BY THE EUROPEAN UNION Development Consultants Inc. D E V C O N Recognition of the Rights of the Indigenous Peoples in the Autonomous Region in Muslim Mindanao for Empowerment and Sustainable Development (IPDEV) is a project implemented by the consortium: Konrad Adenauer Stiftung e.v., Institute for Autonomy and Governance (IAG) and DEVCON Development Consultants Inc.

2 Coordination Office Konrad-Adenauer-Stiftung 5/F Cambridge Bldg., 108 Tordesillas cor. Gallardo Sts., Makati City, Philippines Tel: (02) Mob: Implementing Office Institute for Autonomy and Governance 2/F UMEX Building Notre Dame University Notre Dame Avenue Cotabato City, Philippines Telefax. (064) Mob: Delegation of the European Union to the Philippines 30/F Tower II, RCBC Plaza, 6819 Ayala Ave. cor. Gil Puyat Makati City, 1200, Philippines Phone: Fax: Website: philippines Facebook: EUDelegationToThePhilippines Twitter: DISCLAIMER: This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of IPDEV and can in no way be taken to reflect the views of the European Union. Kêtindêg, in Teduray roughly means standing up for something, making one be seen and be felt among the many. The word is not far from the Cebuano, Tagalog or Maguindanao variations of tindog, tindig and tindeg respectively. It is a fitting title for a regular publication that attempts to capture the experiences gathered in this journey of recognizing the rights of the Lumads in the ARMM Fiyo teresang!

3 Tracing trails, staking signs: ENGAGING STAKEHOLDERS...one team had to walk for seven hours and about three hours horse ride in order to reach a target barangay. Kêtindêg Vol. 1 No. 2 C

4 ADVOCACY work for Indigenous heard, but to make them Peoples in the ARMM has been truly stakeholders both in ongoing since February local governance as well The main work constitutes the as in the development of profiling of IPs, delineation of their their communities. ancestral domains and programs of In this new venture, empowerment where IPs can fully IAG has partnered with participate in existing government Development Consultants mechanisms as envisioned by both (DEVCON), particularly the Local Government Code (LGC) or in the IP communities RA 7160 of 1991 and the Indigenous where it has extensive Peoples Rights Act (IPRA) or RA 8371 contacts. On the national of and international level, Fr Eliseo Jun Mercado, OMI, IAG s new venture is Executive Director of IAG, said in the made possible through project launching in May 2012 that the funding coming from the IPs have a long way to go when it Konrad Adenauer Stiftung comes to their full participation and and the European Union. expression of their self-determination The project did not within their ancestral domain come out of the blue. since the application of IPRA is not After the passing of the immediately applicable to the ARMM IPRA in 1997, nearly half owing to its autonomy under the a million IPs comprising Organic Act or RA per cent of the ARMM For this reason, he said, the sole constituency remains at a instrument at hand is the LGC and disadvantage before the the 1987 Constitution that recognizes law. the rights of the IPs. The project document He said part of the advocacy states that the problem envisioned in the ARMM is for the stems from the absence of an local legislature or the Regional enabling law that is supposed to be Assembly to enact its own IPRA enacted by the Regional Legislative and establish a sort of Regional Assembly in the ARMM. Commission for the Indigenous It is hoped that with empirical data Peoples (RCIP) enjoying the same produced by IPDEV, legislators and powers and privileges as the NCIP in planners will come up with researchbased decisions and give their the national level. But the crux of the work is to make constituents due recognition and the IP leaders fully participate in all protection, putting them at par with local councils in their communities. the rest of the IPs in the country. It is not simply to have the IP voice Consultations will continue and D Kêtindêg Vol. 1 No. 2

5 utmost care is undertaken to ensure the acceptance and outcomes of the project in the targeted barangays in the ARMM. Community acceptance At the barangay level, courtesy visits were made to the barangay captains, who usually join the orientation and participated in the selection of community volunteers. The community volunteers (CVs) are then trained in various activities like conducting a demographic survey, self-delineation and land mapping, etc. Coordination meetings were conducted between DEVCON and the Project Management Office (PMO) to constantly clarify operational concerns after the Inception Workshop. Twelve Development Facilitators (DFs) were grouped into teams; and team leaders were designated based on field experience. Clustering was finalized with the regional tribal groups and the Office of Southern Cultural Communities or OSCC. Presence of IPs in Wao were ascertained not only consist of Higaonon, but also Tiguahanon, Matigsalog, Manobo, Pulangion, Umayamnon, B laan, Bagobo who were mostly migrant workers from the neighboring province of Bukidnon. Test activities were done in the remotest villages of Wao, Lanao del Sur. Evaluation ctivities were undertaken before proceeding with the Maguindanao barangays. It is worth to note that the fare of E

6 MILESTONES & EVENTS April 2012 Courtesy Visits to ARMM Regional Governor / Deputy Governor for IPs / 6th Infantry Division / Office of Southern Cultural Communities April 15, 2012 Signing of MOU between ARMM and Institute for Autonomy and Governance (IAG) habal-habal motorcycles which can carry up to 5-6 passengers, horses and pump boats immediately increase once the operators know that the passengers are non-residents of the area. Field staff sought the help of barangay officials in regulating the fare; they in turn recommended particular modes of transportation in succeeding trips to the area. Bad weather and road conditions also contributed to the delay of some activities. For instance, one team had to spend three hours for a ride on horseback in order to reach a particular barangay. Sometimes, it would take them nine hours to reach another barangay on foot. F Kêtindêg Vol. 1 No. 2

7 May 8, st IP Representative in the ARMM Regional Legislative Assembly in 23 years takes oath in Malacanang May 8, 2012 Project Launching and 1st Project Sounding Board Meeting (PSB) RLA: A Call for Sobriety & Appropriate Action LET me greet you all my esteemed was applied to recurring problem of colleagues in this august body a harassments. significant World Indigenous Peoples Indeed, we are grateful for the Day! immediate response of government The recent harassments done by and kindhearted sectors to provide the Bangsamoro Islamic Freedom humanitarian relief to displaced Fighters on the Armed Forces of individuals. But the situation is more the Philippines as we all know has complex than being addressed in done undescribable harm not only a temporary manner like providing untothemselves but most especially food, medicines and shelter. to the peace loving peoples of Since time immemorial, Indigenous Mindanao. Peoples like the Tedurays, I need not describe to you how we Lambangian, and Dulangan Manobo are suffering again from this blow on have lived in the mountains of the the hopes of many to attain peace Daguma Range where Mt Firis is in our land, not to mention the total located. disregard for all the effort each of us Mt Firis is sacred ground for the has contributed to the attainment of IPs, -- it is where we exercise our this peace. spirituality as a people. Taking away I wish to bring to refresh your your places of worship is also taking A privilege speech delivered by memories on how we have also away our identity. Assemblyman Deonato Mokudef, seen the conventional response to For the IPs, land is life. We cannot Representative for IPs situations like this. I say conventional be separated from the land because Regional Legislative Assembly on because the expected results did not it is what gives us life and identity. To 9 August 2012 happen, even if the same approach forcibly remove us from our land to G

8 May 30 / June 1 Courtesy visits to National Commission on Indigenous Peoples in Libungan Satellite Office and NCIP XII Regional Office June 27, st Roundtable Discussions on Hill 224 Situation H be put in evacuation centers would be a blatant violation to our rights. The IPs, epitomized by the displaced residents on Hill 224, have signified that they will stay where they are than be housed in evacuation centers. They have adapted coping mechanisms to hold their ground while waiting for assistance to where they are. We appeal to those concerned to listen to our plea. Experience has already taught them that once they leave their land, they cannot return because somebody else is occupying it. All of us would not want that to happen again. We earnestly call on the government to exercise its democratic mandate to protect its people. Tedurays, Lambangians and Dulangan Manobos are a peaceful people. Nobody wants them pushed to the wall just to assert their rights and identity. Please declare Mt Firis as a Peace Zone.

9 July 4, 2012 Privilege Speech of Assemblyman Mokudef requesting for legislative inquiry on Hill 224 situation A UNIFIED DECLARATION: MT. FIRIS IS A SACRED GROUND WE, the Indigenous Peoples of the ARMM, particularly the Téduray, Lambangian and Dulangan Manobo, who are directly affected by the recurring cycles of violence in the Mt Firis Complex call upon one and all to hear our plea; That the recent armed conflict between the Bangsamoro Islamic Freedom Fighters and the Armed Forces of the Philippines as we all know has done indescribable harm not only upon each other but most especially to the peace-loving non-islamized Indigenous Peoples of the Mt Firis Complex; That this is not the only violent incident in recent history that has marred the land of our ancestors; That the suffering brought about by displacements is another blow to the efforts of many people including the government to attain peace, genuine reform and development; That we are grateful for the government and other kindhearted sectors that have provided relief assistance to displaced persons; Kêtindêg Vol. 1 No. 2 July 4, 2012 Creation of Technical Working Group to review amendments to RA 9054 and Implementing Rules and Regulations (IRR) of Tribal Peoples Rights Act or Muslim Mindanao Autonomy Act a revered history that has been handed down the generations through oral tradition. But the situation is more complex than just being addressed in a temporary manner like the provision of food, medicines and shelter. In the face of all this, let it also be known to one and all that since time immemorial, Indigenous Peoples like the Tédurays, Lambangian, and Dulangan Manobo have lived peacefully in the mountains of the Daguma Range where Mt Firis is located. Mt Firis holds among these peoples a revered history that has been handed down the generations through oral tradition; That this is where Lagey Firis practiced his tribal spiritual leadership; That Lagey Firis ascended onto heaven without dying (demniyat) from an exact spot known as Batew; That Gogon Ignacio was the last Chieftain at Batew afoot Mt Firis, the sacred ground of the Teduray and Lambangian; That since then, we, the non-islamized Indigenous Peoples regularly visited the place for pilgrimage and spiritual nourishment. I

10 July 25, 2012 Courtesy visit and presentation to National Commission on Indigenous Peoples En Banc July 26, 2012 Courtesy visit and presentation to Office of the Presidential Assistant on the Peace Process Learning conflict resolution from other IPs SIX representatives of Indigenous Peoples (IPs) from different countries shared their experiences on how they are helping restore justice and build peace in their respective communities. Speakers include Randal Ross of the Aborigines of Australia, Seng Zin of the Kachin Tribe in Burma, Hein Karlos Mano of Papua (Indonesia), Matt Le Blanc of First Nation Peoples in Canada, Francis Semoso of Bougainville, Papua New Guinea, Bo-I Era C. Espana of the Monuvu Tribe of Mindanao, Philippines. Cultural presentations were performed by Mindanao Peaceweavers Cultural Group. The Public Forum on Restoring Justice, Building Peace is part of the MPI Annual Peacebuilding Program, providing opportunities for mutual learning and celebration of Indigenous Practices and how they face pressing global issues. IPDEV had the privilege of joining the forum and learn from the practices of other cultures through the invitation of the Mindanao Peacebuilding Institute (MPI), Kinaiyahan Foundation and Mindanao Peaceweavers in May of J

11 GLOBAL PRESENCE: IPDEV on the Net ONLINE presence is global presence 24 hours a day, seven days a week. By going online, we hope to achieve our goals in this rapidly changing digital environment. It is in keeping with our desire to link partners, stakeholders and communities. So far, IPDEV has more than 900 direct friends and even more indirect contacts in its social networking site. Being online gives access to information where you may find what you need to know about other organisations, funding, development programs, laws and much more. Given the geographical terrain in the ARMM, being online may just provide a fast, cost effective way of exchanging ideas or relaying messages. This will also give opportunity to a large number of people to collaborate and discuss shared interests across provinces, regions and even countries. And yes, the world wide web gives chance to even the smallest organization to present its achievements - and its needs - to the world. As said, organizations that put up a site will achieve even more visibility for their own effort. Add us on facebook and follow our work: Kêtindêg Vol. 1 No. 2 K

12 Feedback: Key to Proper We were always asked. But we do not know what they did with our answers. Hope this time they will tell us. -- Community Stakeholder Engagement ABOUT 50 persons representing various stakeholders in the ARMM met on May 8, 2012, at the IAG Conference Hall and discussed the direction of the IPDEV Project, or Recognition of the Rights of the Indigenous Peoples in the Autonomous Region in Muslim Mindanao for their Empowerment and Sustainable Development. Such activity is part of the constant efforts to put the IP agenda into mainstream governance, pointed out Aveen Acuña-Gulo, co-project manager of the newest endeavor for Indigenous Peoples funded by the European Union.

13 PROJECT PROJECT SOUNDING BOARD MEMBERSHIP PERMANENT SECTORAL IPs ORGANIZATIONS IP POLITICAL STUCTURES ARMM Regional Governor Gov Mujiv Hataman/ CabSec. Khal Mambuay Campong ARMM Deputy Governor for IPs Mr Larry Tanzo OSCC Director Fatima Kanakan RLA Representative for IPs Hon. Deonato Mokudef Teduray Timuay Jovito Martin Lambangian Timuay Ernelio Mann Dulangan Manobo Sultan Nestor Bualao Higaonon Mr Rodolfo Linsagan Civil Society Org. Sr Susan Bolanio, OND; Archie Buaya, MinHRAC Religious Bishop Danilo Bustamante, Episcopal Church Academe Prof. Sheila Algabre, NDU Media John Unson, NUJP Business -- Pete Marquez, PCCI AFP Col Modesto Asto/ -- Capt Aurora Rabang PNP P/Supt Oscar Nantes Organization of Teduray Lambangian Conference Timuay Melanio Ulama Mamalu Tribal Organization Timuay Antonio Juan Teduray Lambangian Women s Organization Florencia Badisto, Chair Ancestral Domain Claimants Timuay Alim Bandara, Chair, TLADMADC Timuay Justice and Governance Timuay Labi Sannie Bello Sultanate of Maguindanao Datu Guiambangan Asim Kewit Kitab (Dulangan) -- Mario Kadingilan In that stakeholders meeting were key decision makers who expressed so much willingness in being involved in realizing the project. The three-year project hopes to gather cultural information and baseline data to facilitate the formulation of the Ancestral Domain Development and Protection Plan (ADSDPP); Capacitate and equip IPs in the ARMM with knowledge and skills that will increase their active participation in local governance; Facilitate the inclusion of the ADSDPP into LGU planning instruments and community development plans; and institute strategic advocacy campaigns that strengthen IP ability to exercise their collective rights. The stakeholders shared and discussed existing initiatives and complemented inter-organizational efforts to address IP issues. A Project Sounding Board (PSB) was formed from among the participants. The person board serves as a feedback mechanism and provide directions on project implementation. It will meet on a quarterly basis until month 30 of the project. Kêtindêg Vol. 1 No. 2 M

14 Teduray Wedding in Frames 14 Kêtindêg Vol. 1 No. 3

15 A PHOTO STORY IN traditional courtship and marriage among the Teduray, it is the parents that decide and gets obeyed. It is natural among Tedurays that the boy s mother will look for his partner in life or what they call, kenogon. Interestingly, the maternal grandparents also help in looking for the wifeto-be for their grandson, even calling on relatives to help find a fitting wife. After carefully checking on the background of a girl, the family of the boy will then send a family member acting as emissary to meet and discuss with the girl s family about their intentions and then formally offers the tising, a contract for marriage. If the girl s parents accepts the tising, they will then send their own representative with the bantingan over to the family of the boy. There the emissary will talk about the offer of the boy s family and then state the amount of flasa for the marriage to take place. 15

16 12... we reiterate the affirmation of our territorial rights based on traditional territorial agreements forged by our ancestors through sacred peace pacts known as pakang, sapa, dyandi, and tampuda hu balagon and the Indigenous Peoples Rights Act (R.A. 8371) and other international declarations... Kêtindêg Vol. 1 No. 3

17 A RAY OF HOPE: SIGNING THE MMAA 241 IRR DUE to the autonomous nature of the Muslim Mindanao Region, it is said that the 1997 Indigenous Peoples Rights Act was inapplicable. This, despite the close to 500,000 Indigenous Peoples inhabiting some 81 barangays in the region since time immemorial. Such governing structures effectively discriminated, putting at a disadvantage and unequal before the law, the IPs which accounts to about 20 percent of the ARMM constituency. The situation in the region prompted the passage of a law that would ensure the promotion and protection of IP rights, thus, the Muslim Mindanao Autonomy Act 241 or better known as the Tribal Peoples Rights Act which was passed into law by the ARMM Regional Legislative Assembly in June 11, The law, however, just gathered dust since its passage mainly due to the lack of an enabling tool to keep MMAA 241 moving. With IPDEV, a project on the IPs sustainable development, leaders and stakeholders untiringly worked on an instrument of empowerment that should then be integrated into local development plans through the formulation of an Ancestral Domain Sustainable Development and Protection Plan. The project sought to address the absence of an enabling law in the ARMM that recognizes the IP s rights and social justice as embodied in the IPRA law, the 1987 Philippine Constitution and other existing international law for IPs. It involved capacity building activities for the empowerment and strengthening of IP self-governance as well as advocacy for socio-legal and administrative reforms in the ARMM. Months of working on a draft, the Implementing Rules and Regulations of MMAA 241 or better known as Tribal Peoples Rights Act was finally signed October 25, 2012, by the members of the IP Technical Working Group headed by Office of Southern Cultural Communities (OSCC) Executive Director Bai Fatima Kanakan. The signing came as the country observes the National Indigenous Peoples Month in October. The TWG has for its members Assm. Deonato Mokudef, IP representative in the ARMM Legislative Assembly, Upi, Maguindanao mayor Ramon Piang, Deputy Gov. for IPs Hilario Tanzo, Dencio Kadingilan from the Dulangan Manobo, Timuay Labi Sannie Bello of the Timuay Justice and Governance. 13

18 October 17, 2012 Roundtable Discussion with OPAPP re FAB October 18, 2012 Public Forum with OPAPP re FAB October 25, 2012 Implementing Rules and Regulations (IRR) of Muslim Mindanao Autonomy (MMAA) Act 241 signed 10 AFFIRMING IPs EXISTENCE & DESTINY EIGHTY tribal leaders from the B laan, Dulangan Manobo, Erumanen ne Menuvu, Higaonon, Kulamanen, Lambangian, Manobo, Langilan Manobo, Mangguangan, Matigsalog, Monuvu, Pulangiyen Manobo, T boli, Tagakaolo, Teduray and Tinananon Monuvu tribes gathered in Midsayap, Cotabato on November 3-6. In that meeting dubbed the Indigenous Peoples Conference on the Peace Processes in Mindanao, the tribal leaders made known their inherent, inalienable and nonnegotiable right to self-determination and committed to engage in all Mindanao peace processes. Today, we continuously and strongly assert our distinct identity as Indigenous Peoples forged by our history and legacy. We therefore demand that our identity be recognized and respected and not to be subsumed by other identities, the leaders formally declared.. In such declaration, the leaders asserted that, As ancestral domain is the seedbed of the Indigenous Peoples existence and destiny, we reiterate the affirmation of our territorial rights based on traditional territorial agreements forged by our ancestors through sacred peace pacts known as pakang, sapa, dyandi, and tampuda hu balagon and the Indigenous Peoples Rights Act (R.A.8371) and other international declarations. Further, we reiterate our rights to the management, development and control over our ancestral domains and the resources therein. Furthermore, the leaders invoked the primacy of our customary laws (adat te kukuman, pooviyan woy gontangan, tena menuwa), guiding our traditional governance and justice systems. Thus, we demand the sole autonomy to oversee our peoples and territories. All issues and concerns pertaining to indigenous peoples should be addressed in accordance to our traditional processes. The rest of the declaration read: With these assertions, we generally call on the Government of Philippines and the revolutionary groups and other stakeholders in the peace Kêtindêg Vol. 1 No. 3

19 October 26, 2012 Solidarity Climb to Mt Firis; community consultation conducted October 27, 2012 Kanduli Temulak conducted on the Batew (Sacred Rock a.k.a. Brown Stone), the 1st in 12 years October 29, th Anniversary IPRA; Presentation of newly signed MMAA IRR to ARMM processes: 1. To work for the full implementation of Indigenous Peoples Rights Act (R.A. 8371); 2. To fully implement and establish the Autonomous Region of Indigenous Peoples in Mindanao; 3. To fast track the processing of Certificate of Ancestral Domain Title (CADT) and the issuance of Certificate of Ancestral Domain/Land Title (CALT); 4. To spare the ancestral domains of the Indigenous Peoples from becoming battlegrounds and to support its declaration as Zones of Peace; 5. To stop the recruitment of Indigenous Peoples, women and children in the Armed Forces of the Philippines and the other armed groups; 6. To recognize and correct the historical injustices committed against the Indigenous Peoples through just reparation and restoration of relationships. 7. To launch open and continuous multi stakeholders dialogues between the communities and the armed groups. We specifically call for the GPH and MILF peace panels: 1. To recognize and respect the Bangsa-Mamalu autonomy and the tribal self-governance of the Teduray, Lambangian and Dulangan Manobo as enshrined in the customary laws; 2. To fully implement the Indigenous Peoples Rights Act (IPRA) in the proposed Bangsamoro Government; 3. To ensure the representation of IP leaders and IP women to the Transition Commission and the Bangsamoro Government thereafter; 4. To institutionalize conflict resolution mechanisms in accordance to the customary laws of the Indigenous Peoples; 5. To implement broad, systematic and grassroots-based information dissemination and awareness-building on the Framework Agreement on the Bangsamoro. We also specifically call for the GPH and the CPP/NDFP/NPA peace panels: 1. To immediately resume the formal peace negotiations; 2. To activate and localize the Joint Monitoring Committee and guarantee the representation of Indigenous Peoples; 3. To stop the harassments, threats and the summary and extrajudicial killings of indigenous leaders. With the guiding spirit of Magbabaya and the wisdom and encouragement of our ancestors, we solemnly swear and commit to the abovementioned principles and proposals as Indigenous Peoples of Mindanao who are united to defend and advance our rights and selfdetermination. 11

20 August Training of Community Volunteers on Research & Documentation August 29, 2012 Review of RA 9054 or the Organic Act of ARMM September 13, th Anniversary Celebration of UNDRIP at Hill a million, or 20% of its population at that time. Though excruciatingly slow, efforts are underway to have an NCIP or its equivalent in the ARMM to be able to issue a Certificate of Ancestral Domain Title (CADT). Not known to engage in armed confrontations to resolve conflict, the IPs retreat to what they think are safer grounds every time they are harassed. What they consider as ancestral land have now been made either camps by revolutionary groups, or subdivided into municipalities, and titled to be their own by political families and settlers Calls to let them move to evacuation camps which are near the highway are met with the uncertainty that the land that they will return to will already have become logging sites, camps or plantations as what happened in the past. We appeal to the media to interview the mayors of the affected municipalities and ask why they allowed these atrocities to flourish; what are their political plans and how they intend to finance it. It would be good to see what type of businesses flourish every time displacements occur. If the answers are incomprehensible, maybe the questions are not precise. If things are better left unsaid, it is understandable that someone s life may be at stake or maybe documents can talk. We call on the Mindanao Humanitarian Team who has the collective capacity and expertise to triangulate data submitted by local government units. Let it not be said that spoilers of the peace have higher intelligence quotients in terms of numbers. And to the consumers of news, a spectator public that has expanded exponentially through social media, may there be more discernment in what is read or heard. May we not be multipliers of lies and halftruths as, according to Socrates, slander becomes the tool of the losing debater. While all issues and discussions will not fit into this one article, it is clear that self-pity will not solve the crisis symbolized by Hill 224 either. Let us help duty-bearers, policy-makers and each other come up with researchbased and informed actions. Only proactive response will do justice to the faceless indigenous peoples who have long been marginalized. Kêtindêg Vol. 1 No. 3

21 September 20, nd Project Sounding Board Meeting October 4, th Anniversary, Timuay Justice and Governance meeting. October 15, 2012 Framework Agreement on the Bangsamoro signed; three provisions on IP issues included. Citing IPs in the Framework Agreement RECENT developments on the Mindanao peace process prompted many stakeholders, especially among the Indigenous Peoples (IP) in the Autonomous Region in Muslim Mindanao (ARMM), wondering what s in store for them in the Framework Agreement between the Philippine government and the Moro Islamic Liberation Front. With the framework, questions and trepidation surfaced as many IPs expressed apprehensions over losing their own identity and ultimately end up being referred to also as Bangsamoro. Is it okay that IPs be not referred to as Bangsamoro? went one query. If so, will IPs have the same freedom of choice as the Bangsamoro? Timuay Labi (Supreme Chieftain) Sannie Bello of the Timuay Justice and Governance (TJG) of the Teduray and Lambangian tribes in the ARMM has plenty to expound. The Timuay points out to a provision in the Framework which states that customary rights and the tradition of the indigenous peoples shall be taken into consideration in the formulation of the Bangsamoro justice system. This may include the recognition of indigenous processes as alternative mode of dispute resolution. But we don t want our justice system to be considered merely as an alternative because we have been practicing this since the time of our ancestors to resolve the conflicts within our tribe. We want this to be clear in the details of the framework. On provisions regarding territory, the Framework states that the Bangsamoro basic law shall recognize the collective democratic rights of the constituents of the Bangsamoro. This means that we as Indigenous Peoples also have the collective right to identify our territorial domain, Bello opined. On basic rights, while the Framework provides that indigenous peoples rights shall be respected, such provision means a challenge for us, the baglalans or tribal leaders because we want this to be stated in the Framework holistically and not just in parts, Bello said. We want us to be the ones to design what is right for us such as the tribal governance, tribal customary law and justice, and the tribal territorial domain, the supreme leader of the IPs in the ARMM emphasized. There are about half a million IPs in the ARMM and they comprise about a substantial 20 percent of the entire population of the region. Substantial in the sense that their rights and interest cannot simply be ignored or neglected. What needs to be done is to disseminate this information (on the Framework) to the members of the Teduray and Lambangian tribes because not everybody of us knows and understands this framework agreement, he said. We need to embark on a massive education and information dissemination to the communities on this issue so as to also ignite critical thinking and points of future actions from the elders, traditional leaders, professionals, youth and women. Initially, Bello bared, there have been discussions on the issue among baglalan or traditional tribal leaders on how to address such pressing concerns, coming up with the formation of an indigenous peoples peace panel who will be sent to lobby for our demands to the establishment of the Bangsamoro government. Already, the IPs in the ARMM are moving to be involved in the crafting of the fundamental law for the new autonomy, working for an autonomy within an autonomy, a Bangsa-Mamalu within Bangsamoro. 9

22 MILESTONES & EVENTS August 1, 2012 Groundbreaking of schoolbuilding given by ARMM to Hill 224 August 5, 2012 Ocular visit to Hill 224 Hill 224: A CYCLE OF OPPRESSION By Aveen Acuna Gulo IPDEV Project Manager (Note: This article has appeared on the IAG Policy Brief, dated Sept-Oct., 2012) SEVERAL actors figure prominently in a recent armed conflict: First and foremost is the Bangsamoro Islamic Freedom Fighters or Bangsamoro Islamic Freedom Movement who harassed military installations in the middle of Ramadhan allegedly to avenge the death of a comrade last June; The military who, under the constraints of the current GPH-MILF peace talks maintains a defensive position considering that Camp Omar of the BIFF/BIFM is still technically an MILF camp; The government on all levels, whose access to the press and cyberspace seems to manifest that emergency relief assistance will already address a situation that repeats itself over the years. 6

23 August 8, 2012 IP Leaders hold 1st press conference hosted by IPDEV re situation in Hill 224 August 9, 2012 World IP Day Celebrations on Urok Tawan-tawan (PC Hill) In this week-old crisis, everybody who has something to say has already been given considerable time and space on radio, print, television and the Internet despite the Habagat floods in Luzon. The faces of suffering (with children as the easiest sympathygenerating tools), the inhumane living conditions in evacuation centers, the sights and sounds of guns and weapons of destruction, images of reporters with fancy gear in the battle zone, the humanitarian response of rice, medicines and photo ops, the illogical numbers of IDPs are all the same; only the dates have changed. Can we still learn? In this light, may we call upon specifically the media to go beyond the usual reportage. This will help initiatives, i.e. the privilege peech last July of ARMM Sectoral Representative for IPs Deonato Mokudef calling for a legislative inquiry into the real situation symbolized by Hill 224. Statements issued by IP leaders (both men and women) to declare Mt Firis as a zone of peace still seem not to etch itself in the consciousness of decisionmakers, much less the general public. The rampage that started in the Mt Firis Complex is more than the current peace talks. It is a case of Kêtindêg Vol. 1 No. 3 land-grabbing, neo-colonialism, development aggression and annihilation of culture rolled into one. While it is true that IDPs now start to languish in lowland evacuation centers and truly deserve help, the media can generate action with their sense of fairness and nationhood by covering the plight of the indigenous peoples. Do we really have to wait for the IPs to shed their nonconfrontational nature for them to earn precious air time or newspaper space? Accounts are replete with how IP names were used several times by different sectors either for election purposes or in order to avail of humanitarian and development assistance. Whether it changed their lives for the better is another story. The Indigenous Peoples (Teduray, Lambangian and Dulangan Manobo or TLaD) know that their ancestral land covers 189,534 hectares with a perimeter of 211 kilometers in Maguindanao alone (The 289,286 hectares documented by the Institute for Autonomy and Governance (IAG) already covers parts of Sultan Kudarat Province and Cotabato City). This indigenous knowledge has been passed through centuries through oral tradition using natural markers like rivers, rocks, trees among others. The IP concept of ancestral domain is private land owned by a community, and community in this case refers to the three IP groups. IAG further states that between , various Muslim Mindanao Acts created new municipalities carved out from Mt Firis: Datu Unsay, Datu Saudi, Guindulungan, Shariff Aguak and Talayan, which were inevitably ruled by Maguindanao mayors. Recent regional laws also removed 12 coastal barangays of Upi to form the Datu Blah Sinsuat municipality, and renamed the Teduray ancestral domain portions of Dinaig town into the Datu Odin Sinsuat Municipality. Faced with the challenge of the Regalian Doctrine where all lands not otherwise clearly appearing to be privately-owned are presumed to belong to the State the TLaD have united themselves to have what is left of ancestral domain be given a title on which, under the present IPRA law can only be issued by the National Commission on Indigenous Peoples (NCIP). Interestingly, the ARMM chose not to be covered by the IPRA law when it was passed in Assurances were made that being autonomous, it can take care of its own IPs who comprise around half 7

24 Senirung Deb Firis (Sheltered at Mt. Firis) By Timuay Alim Bandara Chair, TLADMADC (Note: This article has appeared on the IAG Policy Brief, dated Sept-Oct., ) BRIEF historical background of the place: Mt. Firis is a medium built mountain at Guindulungan, Maguindanao. It has a command view over the surrounding municipalities to as far as Ampatuan in the south to Datu Piang in the east and as far as Cotabato City in the north; and going to the western portions are Upi and South Upi, Maguindanao. There are however other mountains of high elevations than Firis in the southern portion going west such as Uruk Sayaf in Sharif Aguak, Mt Ketulungan in South Upi and Blit in Upi, Maguindanao. There are also two (2) big bodies of water from the south (Buyaan and Dohon Rivers) that unnoticeably surround Mt. Firis complex. This goes to the marshland and the Cotabato plains. Other important tribal monuments in the perimeter area of Mt. Firis are Tuduk Meringen, Uruk Lengkuwos, Tuduk Tores, Kenilid and at the foot of Mt. Firis is Batew a relatively recessed ground area where on sunny days one can witness the rising sun in the morning and sunset in the evening. To the Teduray, this is the core of their Inged. For several years, Mt. Firis hosted the MILF Camp Omar under Commander Umbra Kato who now heads the BIFM-BIFF. Mt Firis is also tagged by the military as Hill 714. Concept of Senirung: The Bliyan (spiritual leader) believes that there are three (3) basic problems being encountered by humanity while still living on earth and they are as follows: 1. Layaf (hunger) lack of food due to destruction of nature and misappropriation of natural resources and the products of human labor; 2. Druun (sickness) - physical and emotional pain acquired from bad spirits and energy be it from nature or product of human labor; 3. Sétiboh (war) existence of unmanageable conflict that resulted or ended up in armed confrontation be it small, medium or large scale. However, if human beings will Kêtindêg Vol. 1 No. 3

25 take good care of mother earth s food supplies, materials for shelter, medicine and other human needs; layaf, druun and sétiboh will be avoided. And above all, if we treat one another justly with equal opportunity as children of mother Earth, then there is peace and harmony wherever we are on earth. But when this is forgotten or violated by anybody, there will be disorder then suffering follows. Aware that human beings are creatures that tend to commit mistakes, the Bliyan believe that there will always be problems, hence, disorder and suffering are unavoidable. And in Teduray epics, many instances of conflict between humans and nature, with bad spirits, and with fellow human beings occurred in several places within the Inged. And in their effort to look for solutions, they deeply studied nature and the environment and in doing so not all but few bliyan were given the power and authority to set free humanity from their sufferings. The only way through were diyat and sirungen. Diyat is literally interpreted as bringing the physical human being to heaven to enjoy the eternal and everlasting life. Sirungen is the opposite of the former for the people remained here on earth but that they are re-settled in a secured place by the bliyan and that only the good spirits are visible to them. This way, their status on earth is called SENIRUNG or sheltered. At times, this was also translated as temporary shelter while waiting for the final diyat to heaven. The Teduray believe that the senirung are still with us on earth but that we cannot see them for they are no longer sinners. The current situation in the sacred land of Mt. Firis demonstrate the problems mentioned above: layaf, druun and sétiboh. But DIYAT as a means to set free the victims is now impossible. However, the other legendary way of protecting the people from layaf, druun and sétiboh which is SIRUNGEN can be revisited with an assistance of the real bliyan and use it as an instrument in modern day community peace building activities. In place of the typical bliyan to spearhead the intervention in the current conflicts at Mt. Firis can be the peace builders, i.e. the civilians, civil society groups, LGU officials, military and police, other agencies of government, the rebel forces and other peace stakeholders locally and in the international levels. 5

26 ONE WITH THE WORLD: Celebrating IP Day 2 WORLD IP Day was first proclaimed by the General Assembly in December 1994, to be celebrated (August 9) every year during the first International Decade of the World s Indigenous Peoples ( ). In 2004, the Assembly proclaimed a Second International Decade, from , with the theme A Decade for Action and Dignity. The focus of the 2012 International Day was Indigenous Media, Empowering Indigenous Voices. The theme aims to highlight the importance of indigenous media in challenging stereotypes, forging indigenous peoples identities, communicating with the outside world, and influencing the social and political agenda. A special event at the UN Headquarters in New York was held on the 9th of August and featured speakers and videos of indigenous media organizations. In the Autonomous Region in Muslim Mindanao, the World IP Day was planned to be celebrated historically atop Mt Firis, a sacred ground among the IPs. The IPs and their leaders including their support groups were very excited to join the climb to Mt Firis. On August 3, a team from IPDEV initiated a coordination meeting with IP leaders at Hill 224 and government soldiers posted in the area. But before the planned celebrations could take place, the Bangsamoro Islamic Freedom Fighters attacked military posts in Maguindanao, including Hill 224 which is the main gateway to Mt Firis. Tension gripped the place for almost a month. The situation however, failed to dampen the spirit and enthusiasm of IPs in the area to take part in the world-wide celebrations. It would be a historical part for the IPs in the area to be part of the observance. Since Hill 224 would pose a security issue, the venue was then agreed to be at Pedro Colina Hill aka PC Hill, which is known to the IPs as Urok (Hill) Tawan-tawan. On it nestles a piece of rock that they consider sacred. (The said rock is now part of the altar of a chapel). IPDEV Advocacy Specialist Froilyn Mendoza, herself a Teduray, expressed that the Segoyong (spirits of ancestors) may not consider it the right time to be done at Mt Firis; and that having it on Urok Tawan-tawan was deemed the guided choice. The ritual began at dawn of August 9 with a mênêmantad (cultural march) participated in by Kêtindêg Vol. 1 No. 3

27 representatives from the ARMM Regional Legislative Assembly namely, Assemblyman Deonato Mokudef, Assemblywoman Rahima Datumanong Alba, Assemblywoman Samira Gutoc-Tomawis. The observance, following the theme Empowering Indigenous Peoples for Reform and Development Mênêmantad inok ayon rigonon fêmalangi kêtinanêki kêbati e dêb ingêdê), echoed with the singing of the tribal anthem Ruray Fusaka (Treasures of the Domains). Timuay Labi (Supreme Chieftain) Sannie Bello made an appeal for thorough understanding of the real issues surrounding the conflict inside Mt Firis. Timuay (Leader) Alim Bandara, head claimant of the Teduray Lambangian Dulangan Manobo Ancestral Domain Claimants (TLADMADC) together with other IP organizations also made an appeal to the national leadership to declare Mt Firis as a Peace Zone. Timuay Jovito Martin compared Mt Firis as a sacred place like Mecca to Muslims and the Holy Land to the Christians. They conduct their spiritual rituals on the Sacred Rock (Batew) at Mt Firis regularly until armed men occupied the place. Mt Firis Complex is also an area that is approximately 90,000 hectares of IP land from which five (5) municipalities were carved: Datu Unsay, Datu Saudi, Guindulungan, Shariff Aguak, and Talayan through various Muslim Mindanao Acts. The said creations were done without consultations with the IPs. 3

28 Kêtindêg Volume 1 Issue 3 / Nov An official publication of IPDEV Project, Empowering Indigenous Peoples in the Autonomous Region in Muslim Mindanao WHAT S INSIDE? One with the World 2 Senirung deb Firis 4 Cycle of Opression 6 Citing IPs in the Framework Agreement 9 Affirming IPs existence and destiny 10 Signing the MMMA 241 IRR 13 Teduray Wedding in Frames 14 THIS PROJECT IS SUPPORTED BY THE EUROPEAN UNION Development Consultants Inc. D E V C O N Recognition of the Rights of the Indigenous Peoples in the Autonomous Region in Muslim Mindanao for Empowerment and Sustainable Development (IPDEV) is a project implemented by the consortium: Konrad Adenauer Stiftung e.v., Institute for Autonomy and Governance (IAG) and DEVCON Development Consultants Inc.